Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-1991
Seen the text of the agreement frame State on materials of the transport of travellers by road, by vehicles of traction mechanical of more than nine squares, included the driver (code of Convention number 99100125072015) that was subscribed with date 22 of December of 2014, of a part by the Federation business national of transport of travelers by road (F-ASINTRA) and the Federation business of transport long-distance of travelers in bus (FENEBUS) in representation of them companies of the sector , and another by the unions of the State sector of road of the Federation of services to the citizens of DC. OO. and of the Federation of services for the mobility and the consumption of the UGT in representation of them workers, and of conformity with it willing the article 83 in relation to the article 90, paragraphs 2 and 3, of the law of the Statute of them workers, text consolidated approved by Real Decree legislative 1 / 1995, of 24 of March, and in the Real Decree 713 / 2010 May 28, on registration and deposit agreements and collective work agreements, this General Directorate of employment meets: first.
Order the registration of the cited agreement frame in the corresponding register of conventions and agreements collective of work with operation through media electronic of this center management, with notification to the Commission negotiating.
Have your publication in the «Bulletin official of the State».
Madrid, February 13, 2015.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.
TEXT ARTICULATED FROM THE STATE FRAMEWORK AGREEMENT ON MATTERS OF PASSENGER TRANSPORT BY ROAD BY four-wheel-DRIVE VEHICLES MECHANICS MORE THAN NINE SEATS, INCLUDING THE 22 of December of 2014 DRIVER TITLE I General provisions PREAMBLE parts concertadoras the conditions laid down in this agreement framework for the passenger transport Sector Road have been agreed between the business and social organizations. Is formalizes of conformity with it planned in the title III of the Statute of the workers and constitutes an agreement, adopted to the amparo of its article 83-2 and 3.
Article 1. Territorial scope.
State framework on matters in the passenger transport Sector Road this agreement is formalized under cover of the provisions in article 83.3 of the Statute of workers and affect all companies of carriage of passengers by road throughout the Spanish with mechanics more than nine-seater four-wheel-drive vehicles, including the driver (hereinafter (, Framework agreement), without prejudice to the provisions of article 84 of the Statute of workers in order to any attendances by the existence of areas of negotiation with their own conventional standards in accordance with the rules that, for such purposes, are included in the planning of the structure of collective bargaining in the sector.
Article 2. Personal scope.
The present agreement will be of application to all them workers, excluded those that, under it willing in the status of them workers, not lend relationship of character labor or this is a relationship of character special of conformity with it established in the article 2nd of the mentioned standard.
Article 3. Scope functional.
He present agreement frame will be of application to all the companies of transport of travellers by road that provide services of transportation regular permanent of use general, already is urban or long-distance, regular temporary, regular of use special, discretionary and tourist. Will be of application direct and immediate, without need of another transaction or negotiation. Are excluded of the scope functional of the agreement, the companies of character public of the Sector any that is the Administration public of which depend on and them companies municipal of transport urban. It willing in the present agreement frame not prejudice the application, when appropriate of the article 44 of the Statute of the workers relative to the succession of companies.
On the assumption that the provincial agreements or company keep generic referrals to the Employment Ordinance or the Arbitral substitute of the latter award, shall be referred to the agreement framework by which refers to substances in the referred.
Article 4. Entry into force.
This agreement framework will enter into force the day of its signature, irrespective of the date of publication in the «official Gazette» and its term will end December 31 of the year 2023. From that date, the revision of the agreement will be negotiated.
If not mediate express denunciation of one of the parties, this agreement be extended for annual periods. This provision shall be considered explicitly at all times as an agreement between parties of the agreement.
The denunciation of the agreement framework can be carried out by any parties legitimised to do so. Must make is by written with two months of advance to the date of expiration of its validity initial or of any of their overtime-of exist according to it planned- and of she is will give transfer to each an of them parts legitimized for negotiate and to the authority labor.
Article 5. Efficiency.
He present agreement frame has been negotiated and signed to the amparo of the article 83.3 of the Statute of them workers, hence intends to articulate the negotiation collective of the Sector of transport of travellers by road on the same.
The materials here treated will be of application compulsory e immediate and, without need of that are incorporated in them conventions collective of field lower-included them conventions of company-that not contain regulation own on these materials, not being possible further negotiation on them materials contained in the present agreement to the have been exhausted in this field State. All this to except of it provided in the article next.
Article 6. Link to the whole.
He present agreement constitutes an all unique e indivisible, and plasma them interests of them parts, on them materials that includes, being fruit of a mutual resigns to them interests particular in aras to the achievement of a target common, which is the regulation harmonic and balanced of them materials that contemplates. Hence if by sentence judicial firm or resolution administrative of equal character, any part, article or aspect essential of the same outside declared null or contrary to law, will lose in its whole it efficiency. In all case is understood as essential, the content total of the title IV of the present agreement and the article 7th of the same. Them parts legitimized began in the term of them 30 days following to such declaration of nullity or illegality,- or in the term of troubleshooting set by the Administration labor-them talks necessary to solve them defects observed, if not had the character of flaws.
Them talks that keep them parts aimed to remedy the Vice of invalidity or illegality put of manifest by sentence judicial is will develop during the term maximum of three months to count from the date in that les is notified by resolution judicial. Elapsed said term without reach agreement any, the present agreement frame will lose the efficiency in its totality. Insofar as not goes said term is remain provisionally existing the content of the agreement frame not affected by the resolution judicial that declare the nullity or illegality.
Article 7. Concurrency.
To the amparo of it planned in the article 84, in relation to the 83.2 of the Statute of them workers, the concurrency of conventions collective of field lower is will solve, except available express of this agreement, applying is the content of the Convention of field lower until the completion of its validity natural, in whose time will be of application the present agreement in them terms set in its articulated , and respecting the designated in article 84 of the Statute of workers, relating to the company and conventions with respect to the matters therein. Title IV concerning conventional succession and subrogation, framework, dealing with matters reserved to this agreement will be enforceable, without their incorporation into collective agreements of lower level, from the moment of its signature, regardless of their publication in the «official Gazette», and if some lower-level collective agreement regulation on this matter from the moment of the completion of its term agreed.
If a collective agreement of current lower than the State territorial scope to the signing of this agreement framework, you contemplate or regulate the institution of subrogation or business succession contracts of work or labour relations, for other types of services other than passenger transport regular permanent general, urban or long-distance, use - unless legitimized for negotiation parties agreed otherwise - , will keep in force however the existence of the agreement framework, to the extent that the agreement framework, in its title IV, regulates the institution exclusively for permanent regular use general, urban and interurban transport and there is, therefore, concurrence in this matter.
Of the same form, if the present agreement frame lost its force by any cause, included it expiration of its validity according to the article 4th, and to the object of avoid empty regulatory, will return to enter in force and recover its full force binding, it all of them forecasts and pacts existing in them conventions and agreements of field lower, relating to it subrogation or succession of companies in them services of transport regular of use general of travelers by road urban and interurban, the last written in corresponding agreements or collective agreements. Without limiting the foregoing, I respect the fact that negotiating collective agreements of lower level commissions, could be included in their respective conventional texts the writing of this "title IV. «Succession conventional and subrogation», in the text of the corresponding conventions or agreements collectives.
The rights and obligations arising from labour relations within the scope of this agreement framework, respecting the content of article 3 of the ET, shall be governed, in the first place - and in respect of the matters to be later designated - as provided in the present framework agreement as a homogenizing of the conditions of work in the sector within its territorial scope.
In correspondence with such objective, of conformity with it planned in the article 83.2 of the ET, them alleged of concurrency between the present agreement frame and any other type of agreement collective, is governed by the rules following: 1. in a first level is is it unit of negotiation of field General sectoral of the State. (Award arbitration substitute of the Ordinance work and the present agreement framework). In a second level will be the units negotiating that, to the amparo of it established in them articles 84 and 87 of the ET could exist below said scope State sector. All conflicting competition between the State sectoral level or lower, levels will be resolved subject to the agreed material content in the agreement framework which has the character of law minimum unavailable in matters which regulates.
2. the agreement frame of the sector of transport of travelers by road will be of mandatory and mandatory application in the following materials-according to go being regulated in the same-, that is considered own and exclusive of its field of conformity with it willing in the article 84.4 of the ET, being as reserved in all case to this unit of negotiation: recruitment : Contractual arrangements, except for the aspects of adaptation to the level of the undertaking. Succession of subrogation with regard to permanent regular transport of general, urban and interurban, use of road passenger and companies.
Minimum standards in the field of safety and health at work.
As the framework agreement inapplicable to the regulation of the subjects listed more above, shall apply, to the extent that it establishes, and in relation to matters which it regulates, the substitute arbitration award of the Ordinance work of January 19, 2001, «BOE» of 24 February 2001. A time the present agreement frame adjust the materials listed in the present paragraph, will be without effect on them same the award arbitration. Insofar as this not happen the award arbitration will have the character of standard subsidiary with regard to them conventions collective of any field, and character supplementary for them companies, provinces and/or communities autonomous that not have with any agreement or Convention collective that les is applicable and also for those whose content normative not regulate any or some of them materials that constitute its object.
TITLE II Commission joint article 8. Joint Commission.
Both negotiating parties agree to establish a joint mixed Committee as a body of interpretation, conciliation and enforcement of this agreement.
Article 9. Composition.
The Joint Commission is composed equally by four representatives of the signatory trade unions of the national agreement and four representatives of business organizations, who, between them, will choose one or two Secretaries.
This Committee may use permanent or occasional services of advisers in many matters are within its competence. These advisors shall be freely appointed by each of the parties.
Article 10. Structure.
The Joint Commission which is agreed upon, will be central character statewide. In accordance with the nature of issues which are submitted to him, the Central Joint Commission may delegate, by agreement of all its members and if deemed necessary for the specific case raised, in mixed commissions decentralised provincial or regional, level whose composition criteria will be established in the agreement of delegation by this same Central Joint Commission.
However that said, when topics affect the interpretation and attendance has been agreed with conventions or covenants on lower level shall be solely competent the Central Joint Commission.
Article 11. Procedure.
They shall convene the Joint Commission, interchangeably, any of the parts that make it up. The call is means validly made when is made by means of mail electronic, fax or letter certified to them addresses that are designated at the end of the present agreement.
The Joint Commission shall meet, after be validly convened, within the period of fifteen days, whether it of regular meetings, or within five days, to the assumption that has been convened extraordinary. These deadlines may be extended when by any of them parts members is requested and is justified such need.
Article 12. Functions.
They are specific functions of the Joint Commission, in addition to those provided for in article 91 of the Statute of workers, as follows: 1. interpretation of the agreement and the exclusive remedy of the concurrency issues with rules or conventions of lower level. The Joint Commission will intervene previously and prescriptive character in conflicts of interpretation of the agreement framework, especially in regulated in title IV. In this case, it will determine if the interpretation given by the parties is accommodated to what has been agreed in the agreement framework.
2. monitoring of compliance with what has been agreed.
3 understand, prior to the administrative and jurisdictional path, on the filing of collective disputes arising in companies affected by this agreement by the application or interpretation arising thereof, and especially on regulated in title IV.
4 may be provided to the Joint Commission periodic reports on the matters contained in the agreement framework or any other special significance for the Sector, by the parties to this agreement, or those others who might join the agreement framework of the passenger transport Sector Road.
5. develop the list of mediators and arbitrators to exercise as such in them conflict that is raised in the Sector in accordance with the procedure planned in the V ASAC (fifth agreement on solution autonomous of conflicts labor-system Extrajudicial) in the term of a month.
6. encourage the use of them procedures volunteers of solution of conflicts as via of concertation and of solution through dialogue of them conflicts labor.
7. spread the content of it here has been agreed between workers and entrepreneurs.
8. treatment of the problems of concurrence of conventions.
9. approve its rules of operation.
10. develop and implement all kinds of initiatives that will lead to better protection of the safety and occupational health of workers in the Sector at the State level, including the functions of the Joint Committee on occupational health.
11. those other functions specifically assigned to it under the agreement framework.
TITLE III voluntary procedures of dispute resolution article 13. Out-of-court settlement of disputes.
The parties to this agreement decided to ratify, for the passenger transport Sector Road, the ASAC V (fifth agreement on autonomous solution of disputes - Extrajudicial system) specifically assuming its content. Produce application conflict V ASAC and stated in the present title III, will prevail the first.
At the request of the parties comprising the Joint Commission, specific organs of the passenger transport Sector Road integrated in the SIMA (Interconfederal mediation and arbitration service), must mediate, conciliate or arbitrate in treatment and solution of many issues and conflicts of a collective nature, may arise within the scope of the State, provided that such agreement collective consultations , have been presented to the Commission joint by any of the organizations signatory.
In this sense, the Commission joint will coordinate its action with them mechanisms of mediation, conciliation and arbitration of marco autonomic existing or that is can put in operation in the future.
Article 14. Scope of application.
The present title has by field all the territory national and forces to them companies and workers linked to the present agreement frame State on materials in the sector of the transport of travellers by road.
Article 15. Conflict groups.
Will be susceptible of submit is to them procedures volunteers of solution of conflicts included in the present title, those controversies or disputes labor that understand to a plurality of workers, or in which the interpretation, object of the divergence, affects to interests suprapersonales or collective.
For the purposes of this title will also have the character of collective disputes those who, however can be promoted by a single worker, your solution is extensible or generalizable to a group of workers and concerning the matters contained in the title IV of this agreement.
Article 16. Procedures.
The procedures for the settlement of collective disputes are: to) interpretation agreed in the bosom of the Joint Commission.
Article 17. Mediation.
In conflicts the procedure shall be voluntary and shall require agreement of the parties.
The mediation will be compulsory in all them cases, when is try of a conflict of interpretation of the Convention or of interests or of concurrency with other standards paccionadas, and must precede necessarily to the corresponding action jurisdictional.
The mediation may be requested of mutual agreement or to instance of part, after having tried in a term minimum of a month the solution of the conflict in the framework that is originated.
The part or parts seekers of the mediation may propose a mediator between them lists elaborate by the Commission mixed or request to this that exercise such function or it designate. When the request for mediation to be joint, you will also be the mediator proposed.
In them conflicts of interest, the Commission mixed will establish a regulation of operation starting from them principles here indicated, as well as of what is in the future agreement Interconfederal that on these matters is can agree, and/or in coordination with them mechanisms of mediation, conciliation and arbitration of frame autonomic existing or that is can put in operation in the future.
The proposals for solution offering the mediator the parties, may be freely accepted or rejected by this. In case of acceptance, the achieved compromise will have the same efficacy has been agreed in collective agreement.
The agreement will be formalized in writing, presenting copies to the competent labour authority for the purposes and within the period provided for in article 90 of the Statute of workers.
Article 18. Arbitration.
Regardless of the arbitration that may arise out of the mediation procedure indicated above, by mutual agreement, an arbitration procedure for resolving disputes according to what then is set may be concluded: 1. through the arbitration procedure the parties to the conflict agree, voluntarily, to entrust to a third party and accept the solution that it handed down on their differences in advance.
2. the agreement of the parties promoting the arbitration will be formalized by written, is hereinafter referred to as commitment Arbitral and will consist at least, of them following ends:-name of the referee or referees designated.
-Issues that are subject to arbitral award and time to dictate it.
-Address of the parties concerned.
-Date and signature of the parties.
3. we will get copies of the arbitral commitment to the Secretariat of the Joint Committee and, for the purposes of documentation and advertising, to the competent labour authority.
4. the appointment of the arbitrator or arbitrators shall be free and will be held by impartial experts. Is take to held the appointment in equal form that it designated for the mediators.
5. once formalized the arbitral commitment, the Parties shall refrain from urging any other procedures on the matter or matters subject to arbitration.
6. when a dispute has been submitted to voluntary arbitration by the parties, they shall refrain from resorting to strike or lockout duration of the arbitration procedure.
7. the arbitration procedure is characterized by the principles of contradiction, hearing the parties and equality between the parties. The arbitrator or arbitrators may request the assistance of experts, if necessary.
8. the resolution arbitration will be binding and immediately Executive and will solve accordingly all and each an of the issues fixed in the commitment arbitration.
9. the referee or referees, that always will act jointly, shall communicate to them parts it resolution within the term set in the commitment arbitration, notifying it equally to the Secretariat of the Commission mixed and to it authority labor competent.
10. the resolution, if comes, will be object of deposit, registration and publication to identical effects of them planned in the article 90 of the Statute of the workers.
11. the resolution arbitration will have the same effectiveness of it agreed in Convention collective.
TITLE IV succession conventional and subrogation article 19.
1 the provisions of this title shall be exclusive application to services of permanent regular transport of general, urban or interurban, use of road passenger vehicles from traction mechanical of more than nine seats including the driver, in regime of administrative concession or by any of the formulas of indirect management of public services referred to in the law of contracts from the Public Sector. And all this with the independence that the company that pay or go to provide such services to engage in another activity transportation or industry or services.
The provisions of the present agreement framework is without prejudice to the application, where appropriate, regulated in article 44 of the Statute of workers in order to the succession of companies.
2 the provisions of this title in the order of succession and business subrogation shall not apply in cases in which the outgoing company has the character of public, State, regional, local or institutional administration, or in the case of companies, bodies or agencies dependent on any of administrations previously mentioned, except that their employment relationships are governed by territorial or regional collective agreements of the functional scope of article 3 of this agreement.
3rd the present title has as purpose regular the situation of them contracts of work of them employees of companies concessionaires / borrowers outgoing attached to this type of transport of travelers that completed by course of your term of granting, or by any other cause, and are object of a new procedure of selection of a new borrower of the service (company incoming). Regulated in this title shall apply also in cases where transport service object bid out re-farmed, unified, modified or being given another denomination by the incumbent administration.
4th to them effects of the present article is considered «driver / to attached / to» to all that / lla, that perform their work of form usual in the routes of the Service regular permanent of use general, urban or long-distance affected. Not loses this consideration the driver / to promptly can provide services of transport different to that to which is find attached, whenever in terms of day annual, these last services not exceed the 20% of it day maximum ordinary planned in the Convention collective of application, for the period evaluated, referred proportionally in them alleged of contracts on time partial , in the last six months effectively worked immediately previous to the date of expiration of the award.
5 in relation to the rest of the staff (lockers, workshops, administration, management, operation, logistics and other departments or sections) belonging to other categories or occupational groups, are considered to be assigned to the service, and therefore subjects of subrogation, to those employees who develop their activity, even in part, in the concession service concerned.
6. with regard to rights of information and consultations, the companies will come forced to deliver to their representatives Union, documentation supporting of them workers / as attached in each time, to each an of them concessions that have awarded, described in them paragraphs 4th and 5 earlier. In absence of representation Trade Union, will be to each worker of the company to which is you communicate of way reliable such secondment. In absence of representation Union in them companies, is will give transfer to the Commission joint of this agreement frame of the information provided to the Ministry or administration corresponding for the purposes of endowment of personal attached to the concession, in the time that is requested by this. We will be able to regulate to lower sectoral areas and demand these same processes or obligation of information and consultation.
Them provisions referred in them corresponding spreads of clauses administrative, legal, technical and economic that disciplining them corresponding procedures bankruptcy, by its character of standards of recruitment administrative (and although pick up forecasts in order to the regime of subrogation of the personal), not affect, nor restrict the efficiency and character binding of it regulated in the present title. If at those sheets don't pick clause or provision relating to contracts of employment of the employees of the outgoing company subrogation, or establishment of the non-application to certain groups, - or it should not hold references to them or no mention-, or establish a number of workers less than the assigned by application of the present agreement , will be equally binding in all their integrity it planned in the present agreement, by its nature binding in the order labor, and for them workers affected by the subrogation. Both in one as in the other case, the subrogation will have character mandatory for them companies and them workers affected in them terms that is contemplated in them repeated spreads and in the present agreement, except resolution judicial by which is show dolo, bad faith or a practice irregular in the secondment of workers to it award subject in Exchange for operator. To them effects of the present article is means as «practice irregular in the affiliation» the made of that a worker, being attached to a service concession given (all this in them terms defined in the article 19-4. °), not is considered such or is ascribe to a service concession different.
A) when there is the succession of a new operator of transportation by completion, what ever the cause, permanent regular transport of utility service, there will be subrogation by the incoming company in the employment contracts of the employees assigned to the service, proving at least six months old in the affected concession of the outgoing company computing the period in the date of completion of the term of the previous concession all of this in the terms provided for in article 44 of the Statute of workers and compliance with regulated in the following articles, and irrespective of the incoming operator receive or not the material means and facilities used by the outgoing operator. It service of transport regular permanent of use general is considered as unit productive and economic with entity and autonomy own to them effects prevented in the article 44.2 of the Statute of the workers.
(B) does not apply the period from six months old to the outgoing workers associated with relief contracts for partial retirement, or to those linked with signed interim agreements to replace workers on low/permit for maternity/paternity leave, temporary disabilities, or to those who have joined to replace voluntary unsubscription, mass retirements, voluntary leaves of absence , suspensions of the contract with book of the put of work, incapacity permanent total, absolute or great disability or by death of a worker.
(C) do not operate the time limit of six months - and therefore they will be affected by the subrogation - workers who have joined the concession service affected, at the time understood between the expiration of the previous concession and the effective start of the next, always that the following circumstances occur concurrently in a cumulative manner:-worker belonging to the same professional group with the same or lower age average workers remaining objects of subrogation of the same group, and the cost company worker, in terms of equivalent hours, be similar to the of the latter.
-The worker, at least, have an age of two months immediately prior to the effective start of the provision of the service by the new operator. This minimum age shall not be required in the cases provided for in B) above.
-That is keep constant the number total of workers of the same group existing at the time of the expiration of the concession, measured in terms of day, of the service concession.
(D) the nature temporary-in your case-of these contracts, determined by the cause that them originated, not is undermine by the made of that operate the subrogation, by what is extinct in the date agreed in them themselves.
Article 22. The outgoing company obligations.
Without prejudice of the right to the subrogation of them workers and the obligation of subrogation in them contracts of work referred in this title, it company outgoing, in them five days following to the award of the service concession will supply to the company incoming in paper and in support computer, the following documentation e information:-a relationship of workers object of subrogation , with copies of their contracts of work, the six latest payroll earned and copy of them conditions or covenants existing with each one of them-of exist-.
-In the same way it will deliver information of annual gross income, category, job and group professional for each of them, differentiated by concepts, types of contract, age, date of obtaining or renewal of the CAP - as application.
-Copy of the communications to the representation of the workers of the outgoing company, with the acknowledgement of receipt, on the award of service, expressing identity of the new bidder, identity of the worker object of subrogation and agreements written or not written, individual or collective, existing and reported the incoming company carefully because.
-The incoming company will not be responsible for nor assume working conditions not reflected in agreements or collective or individual agreements which had not been communicated by the outgoing company under the terms established in the preceding paragraph, or are not included in the administrative file of contracting. They will be in any case the rights and extrajudicial or judicial actions that could attend, both workers and the incoming company, because of defective or inaccurate information and documentation provided by the outgoing company.
The forecasts contained in the present article 22 apply and are mandatory enforcement, exclusively, for outgoing and incoming companies, and in no way prejudice the rights and actions that each worker individually, assistance to claim their working conditions, whether economic or otherwise.
The outgoing company, in this process of information and delivery of documentation, will be adjusted to the provided in the tender documents the contracting administration. If in the tender or in the procedure tender, is pick no clause or provision relating to contracts of employment of the employees of the outgoing company subrogation, or establishment of the non-application to certain groups, - or it should not hold references to them or no mention-, or establish a number of workers less than the assigned by application of the present agreement as provided will be equally binding in all their integrity in this agreement and for workers affected by subrogation, understanding as such in this case, the workers defined in paragraphs 4th and 5 of article 19.
Article 23. The incoming company obligations.
The incoming company shall send the high in Social security of the workers subject to subrogation purposes, from the day on which effectively start the concession service which has been awarded. If necessary the realization of process of training or retraining to subrogated workers adapt to new systems of organization of the service or use of vehicles, they correspond to the incoming company.
Article 24. Effects of subrogation.
Contractual subrogation will take effect in the workplace (economic and social security obligations), for the outgoing company, the day that cessation of the service effectively, and for the incoming company, the day of beginning of the effective provision of the service (or at the date of the Act of inauguration of the service raised by the awarding administration, exist). All obligations of an economic nature - be salary or extra wage - and Social Security concerning workers affected by subrogation, shall be borne the outgoing company or the incoming company, up to and from the dates referred to in this article. If the courts, of any order, establish judgment other temporary time to impute obligations corresponding to one or another company, will be as indicated therein, without prejudice to the right to repeat that could attend any of them based on the temporal moments here agreed.
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